Case law

Grimes v. State

65 Okla. Crim. 99 · Court of Criminal Appeals of Oklahoma · Oct 7, 1938

In the above case, the question before the court was whether an individual other than the duly elected and qualified county attorney had the right, in this state, to prosecute a case where the information was not filed by … This principle is clearly illustrated by the facts and the opinion in the case of Hess v. State, supra. It is further provided by the statutes of this state, as follows: Section 2654, Okla. Stats. 1931, 37 Okla. St.

In Re Longhorn Securities Litigation

573 F. Supp. 255 · District Court, W.D. Oklahoma · Sep 28, 1983

When read in light of these considerations, the plaintiffs' allegations are clearly sufficient. … It is well established that a complaint should not be dismissed for failure to state a claim "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to

Malaske v. State

75 O.B.A.J. 1498 · Court of Criminal Appeals of Oklahoma · Apr 21, 2004

The previous version of the instruction was given, however, and this case is clearly distinguishable from Graham . … Interestingly, two of them hold that it is not illegal to sell alcohol to a minor when the minor is clearly acting as a messenger for an adult buyer. State v.

Legg v. Leaders Life Insurance Company

District Court, W.D. Oklahoma · Dec 6, 2021

But even “at the pleading stage, the plaintiff must ‘clearly...allege facts demonstrating’ each element.” Spokeo, 578 U.S. at 338 (quotation omitted). … But none of these alleged harms qualifies as a concrete injury for standing purposes.

Powell v. State

995 P.2d 510 · Court of Criminal Appeals of Oklahoma · Feb 2, 2000

The testimony from A.L. established the conspiracy likely existed on the night before the shooting. … Moreover, even if these statement did not qualify as non-hearsay co-conspirator statements, they were admissible through other means.

IN THE MATTER OF THE ASSESSMENTS FOR TAX YEAR 2012 OF CERTAIN PROPERTIES

481 P.3d 883 · Supreme Court of Oklahoma · Feb 9, 2021

The record on appeal does not clearly indicate taxpayers have received their refund with interest as provided by 68 O.S. § 2884. The District Court judgment awarding postjudgment interest pursuant to 12 O.S.Supp. … The record on appeal does not clearly indicate taxpayers have received their refund with interest as provided in 68 O.S. § 2884.

MARTIN v. PHILLIPS

2018 OK 56 · Supreme Court of Oklahoma · Jun 26, 2018

The mother moved for partial summary adjudication in the case, arguing that Phillips's conviction for the crimes establishes his liability for the torts. … If the court must qualify an Alford plea as one or the other, as the majority suggests, I would find that an Alford plea more closely resembles a plea of nolo contendere .

United States v. King

231 F. Supp. 3d 872 · District Court, W.D. Oklahoma · Mar 6, 2017

Stewart does not contest this tracing, which in any event the government clearly established.” Id. at 129-30. … The evidence establishes quite clearly that King was not a passive proprietor.

Association Casualty Insurance Company v. Veerlakshmi, LLC d/b/a Best Western Glo

District Court, W.D. Oklahoma · Mar 12, 2026

Thus, “[e]xpert testimony was necessary to establish” that critical fact issue. Id. … Nos. 80, 99, 103] (containing no argument that Greene could be qualified as an expert on the causation issue); see also [Doc.

Traditions Health, LLC v. Huffman

District Court, N.D. Oklahoma · Dec 11, 2024

However, the mere fact that a parent corporation may qualify as an affiliate does not mean that the parent corporation qualifies as a third party beneficiary under Texas law. … Establishment of Vaduz, Liechtenstein v. Columbia Broadcasting System, 672 F.2d 1095, 1105 (2d Cir. 1982).

Opinion No. (1993)

Oklahoma Attorney General Reports · May 21, 1993

For example, using such an analysis, clearly prohibitory criminal laws such as those against drug possession would be viewed as civil/regulatory, if a state permitted doctors to prescribe narcotics. ¶ 29 The Lac du Flambeau … Congress can compel the States to negotiate a compact or be subject to the District Court's jurisdiction or its imposed "compacting" or "mediation" without violating the states' 10th Amendment rights and 11th Amendment immunities

Snider v. Administrative Committee Seventy Seven Energy Inc Retirement & Savings Plan

District Court, W.D. Oklahoma · Oct 8, 2021

The Plan was established on July 1, 2014, as a spinoff of Chesapeake’s retirement plan. … imposed by § 1104(a)(1)(C) requires a fiduciary to discharge his duties with respect to a plan “by diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly

Massey v. Farmers Insurance Group

837 P.2d 880 · Supreme Court of Oklahoma · Jun 22, 1992

My short answer to the certified question would therefore be that the Insured’s presubmission-stage dismissal sans judgment does not qualify for preclusive effect. 4 Since the court has seen fit not only to address today … Const., the section that explicitly proscribes promise-based waivers of constitutional rights. 27 The policy’s appraisal mechanism, which stands as a substitute “mode of trial” for disputed fire losses, clearly offends §

Chennault v. Jackson County Jail

District Court, W.D. Oklahoma · Aug 27, 2025

in forma pauperis, the Court has a duty to screen the complaint and dismiss any part that is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant immune … Cook, 945 F.3d 1253, 1258 (10th Cir. 2019) (explaining that “unless state law clearly bars the interposition of the federal statutory and constitutional claims, a plaintiff typically has an adequate opportunity to raise

Burch v. Social Security Administration

District Court, N.D. Oklahoma · Nov 30, 2023

When the claimant has failed to establish good cause, the ALJ will “[i]ssue a decision based on the available evidence.” … Kampshaefer was qualified to offer her medical findings and opinions.

Jernigan v. Jernigan

138 P.3d 539 · Supreme Court of Oklahoma · Apr 18, 2006

It was hence clearly beyond COCA’s sua sponte reach on its consideration of the representative’s appeal. ¶ 30 No claim for rescission of the family settlement agreement was ever interposed in the trial court. … The factum and validity of that agreement was established by the wife’s evidentiary materials.

Stewart v. Turn Key Health Clinics LLC

District Court, W.D. Oklahoma · Aug 23, 2024

Instead, to establish municipal liability under § 1983, Plaintiff must establish three basic elements: (1) Cleveland County had an official policy or custom; (2) that “was enacted or maintained with deliberate indifference … App’x 814, 817 (10th Cir. 2016) (holding that notice was not established when a pattern or custom was not established).

Williams v. State

188 P.3d 208 · Court of Criminal Appeals of Oklahoma · Jun 25, 2008

State, 2006 OK CR 46 , 1 60, 147 P.3d 245, 2683 (holding that an abuse of discretion is a clearly erroneous conclusion and judgment, which is clearly against the logic and effect of the facts presented.) $28 Juror R.J. indicated … E. 180 In proposition seven, Williams claims that the trial court erred in *225 permitting a police officer to give expert testimony for which he was not qualified to give.

SUTTON v. DAVID STANLEY CHEVROLET

475 P.3d 847 · Supreme Court of Oklahoma · Oct 13, 2020

One may be under no duty to speak, but if he or she undertakes to do so, the truth must be told without suppression of material facts within his or her knowledge or materially qualifying those stated. … CONCLUSION ¶11 The Court has long-established duties for parties who draft contracts and those that sign contracts.

Chicago, R. I. & P. Ry. Co. v. Brooks

155 Okla. 53 · Supreme Court of Oklahoma · Oct 27, 1931

These witnesses qualified as expert civil engineers. … The facts are generally in dispute; and it is sufficient if the question fairly states such facts as the proof of examiner fairly tends to establish and fairly presents his claim or theory.